In Maryland, the legality of sleeping in your car is nuanced and depends on several factors, including local ordinances and the context of the situation. Here’s what you need to know:
Key Points
- State Law vs. Local Ordinances:
- Maryland does not have a specific state law that prohibits sleeping in your car outright. However, local municipalities may have ordinances that restrict this practice, especially in public spaces.
- DUI Laws and the Shelter Rule:
- The “Shelter Rule” in Maryland provides a defense for individuals who sleep in their vehicles without being charged with DUI, provided they are not in “actual physical control” of the vehicle. This means the engine must be off, keys not in the ignition, and the vehicle must be legally parked.
- Legal Considerations:
- If you are under the influence of alcohol, being inside a vehicle could lead to DUI charges, even if you have no intention of driving. It is advisable to avoid sitting in the driver’s seat and keep keys out of reach.
- Public vs. Private Property:
- Sleeping in your car on private property, such as a campground or a friend’s driveway, is generally legal. However, sleeping on public property may be subject to local regulations.
- Safety and Best Practices:
- To minimize legal issues, ensure your vehicle is safely parked, all systems are off, and you are not in the driver’s seat if you have consumed alcohol.
Recommendations
- Understand Local Laws: Familiarize yourself with local ordinances before deciding to sleep in your car.
- Choose Safe Locations: Opt for designated rest areas or private properties where allowed.
- Avoid Alcohol: Do not sleep in your car if you are under the influence of alcohol to avoid potential DUI charges.
SOURCES
[1] https://owossoindependent.com/the-legality-of-car-sleeping-in-maryland-what-you-need-to-know/
[2] https://original.newsbreak.com/@i-am-rosec-1757557/3198149908617-maryland-s-laws-on-sleeping-in-your-car
[3] https://www.ballingernews.com/the-legality-of-car-sleeping-in-maryland-what-you-need-to-know/
[4] https://www.lawinfo.com/resources/criminal-defense/is-it-illegal-to-sleep-in-your-car.html
